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41. Documents to be forwarded

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(1)

When a charge is referred with a recommendation that it should be tried by a subordinate military court or when a charge is referred to the Director, Legal Services, the following documents shall be forwarded:

(a)

a copy of the charge on which the accused is held;

(b)

a draft charge-sheet containing the charges upon which it is considered that the accused should be tried by a subordinate military court;

(c)

the investigation material; and

(d)

a statement of the character and service record of the accused.

(2)

When a person has elected to be tried by a subordinate military court, all the documents referred to in paragraph (1) shall be referred to the Director, Legal Services.

Subregulation 1

When a charge is referred with a recommendation that it should be tried by a subordinate military court or when a charge is referred to the Director, Legal Services, the following documents shall be forwarded:

(a)

a copy of the charge on which the accused is held;

(b)

a draft charge-sheet containing the charges upon which it is considered that the accused should be tried by a subordinate military court;

(c)

the investigation material; and

(d)

a statement of the character and service record of the accused.

Subregulation 2

When a person has elected to be tried by a subordinate military court, all the documents referred to in paragraph (1) shall be referred to the Director, Legal Services.

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